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A lawsuit filed Friday by Citizens for Sunshine, a nonprofit concerned with open government, against the City of Sarasota alleges that the two commissioners were part of a meeting on homelessness held out of public view in violation of the state's Government-in-the-Sunshine Law. The commissioners, Susan Chapman and Suzanne Atwell, are named in the suit, which seeks to reclaim damages from them personally.

Chapman and Atwell, along with some city staff, allegedly met at a restaurant with a group of downtown merchants the morning of Oct. 10 to discuss the business community's concerns about homelessness. Also at the meeting, held at the Tusunami restaurant at 100 Central Ave., were City Manager Tom Barwin, Deputy City Manager Marlon Brown and members of the Sarasota Police Department.

But it was the presence of the two commissioners at a meeting where no advance public notice was given and no minutes kept that violated the Sunshine Law, according to the lawsuit. The meeting was organized a week in advance, starting when Pat Westerhouse, a real estate professional associated with the Whole Foods Market Centre complex downtown, began inviting city officials on Oct. 3.

Through emails to an administrative assistant at City Hall, Westerhouse invited Mayor Shannon Snyder, Barwin, and the city commissioners as a group to the meeting.

Snyder declined the invitation, but an email to Westerhouse on Oct. 8 confirmed that Barwin and at least two city commissioners would be attending.

Phone messages for Atwell and Chapman were not returned Friday, but Barwin acknowledged that the meeting took place much as the lawsuit alleges.

Barwin and the commissioners attended the meeting, he said, and listened to what the downtown merchants had to say. High on their list of concerns was homelessness, specifically groups of people who were gathering near their businesses, making noise, creating litter and “having a chilling effect on some of their customers,” through other behaviors, Barwin said.

Past complaints Barwin likened the meeting to ribbon cuttings and public events that commissioners attend all the time, and said he had no idea why it would be a legal issue.

Chapman, in an email sent to Westerhouse prior to Friday's lawsuit, also signaled her willingness to meet with the group again.

“Let's have more of those meetings, so we can make sure we share information, strategies, and solutions,” the commissioner wrote.

But Andrea Mogensen, the attorney for Citizens for Sunshine, said it should be clear that the meeting was a violation of the law from the beginning. She pointed to a statement in the complaint that quotes Barwin as saying “I am trying to build a coalition to support our homelessness efforts and therefore I should take advantage of any opportunity to build support.”

Building coalitions outside of public view is exactly what the law is intended to prevent, Mogensen said. “We have a constitutional right as citizens to observe our government in action,” she said. “Not that coalitions be built in back rooms and meetings outside of City Hall.”

What makes the private meeting between city officials and a business group worse, Mogensen said, is that it concerned one of the biggest issues driving debate in the city: homelessness.

Sunshine Law violations and complaints are nothing new to this City Commission. Most recently, on Oct. 7, commissioners were informed that the Development Review Committee was asked to stop holding private “pre-meetings” before regularly scheduled public meetings. And this year, a plan for the State Street Garage was sunk by concerns that it had conducted the bidding process out of public view.

“The thing that's frustrating is that this community should be well aware of what the government's responsibilities are with respect to taxpayers,” Mogensen said.

That frustration prompted Friday's suit to take a more aggressive approach than other recent cases, seeking to hold the commissioners personally responsible for any attorney's fees and costs that could come from a judgment against them.

Citizens for Sunshine does not want taxpayers to bear the burden any more for Sunshine Law judgements against the city, Mogensen said, because it's unfair. “And because this apparently is not enough to change the behavior.”

City Attorney Robert Fournier could not be reached for comment Friday, but he has added the issue to Monday's City Commission meeting agenda for discussion with the commissioners.

<p><em>SARASOTA</em> - The city is faced with yet another Sunshine Law complaint, but this time it might cost two commissioners some of their own money if a local government watchdog group gets its way. </p><p>A lawsuit filed Friday by Citizens for Sunshine, a nonprofit concerned with open government, against the City of Sarasota alleges that the two commissioners were part of a meeting on homelessness held out of public view in violation of the state's Government-in-the-Sunshine Law. The commissioners, Susan Chapman and Suzanne Atwell, are named in the suit, which seeks to reclaim damages from them personally. </p><p>Chapman and Atwell, along with some city staff, allegedly met at a restaurant with a group of downtown merchants the morning of Oct. 10 to discuss the business community's concerns about homelessness. Also at the meeting, held at the Tusunami restaurant at 100 Central Ave., were City Manager Tom Barwin, Deputy City Manager Marlon Brown and members of the Sarasota Police Department.</p><p>But it was the presence of the two commissioners at a meeting where no advance public notice was given and no minutes kept that violated the Sunshine Law, according to the lawsuit. The meeting was organized a week in advance, starting when Pat Westerhouse, a real estate professional associated with the Whole Foods Market Centre complex downtown, began inviting city officials on Oct. 3.</p><p>Through emails to an administrative assistant at City Hall, Westerhouse invited Mayor Shannon Snyder, Barwin, and the city commissioners as a group to the meeting.</p><p>Snyder declined the invitation, but an email to Westerhouse on Oct. 8 confirmed that Barwin and at least two city commissioners would be attending. </p><p>Phone messages for Atwell and Chapman were not returned Friday, but Barwin acknowledged that the meeting took place much as the lawsuit alleges. </p><p>Barwin and the commissioners attended the meeting, he said, and listened to what the downtown merchants had to say. High on their list of concerns was homelessness, specifically groups of people who were gathering near their businesses, making noise, creating litter and “having a chilling effect on some of their customers,” through other behaviors, Barwin said. </p><p><b>Past complaints </b> Barwin likened the meeting to ribbon cuttings and public events that commissioners attend all the time, and said he had no idea why it would be a legal issue. </p><p>Chapman, in an email sent to Westerhouse prior to Friday's lawsuit, also signaled her willingness to meet with the group again.</p><p>“Let's have more of those meetings, so we can make sure we share information, strategies, and solutions,” the commissioner wrote. </p><p>But Andrea Mogensen, the attorney for Citizens for Sunshine, said it should be clear that the meeting was a violation of the law from the beginning. She pointed to a statement in the complaint that quotes Barwin as saying “I am trying to build a coalition to support our homelessness efforts and therefore I should take advantage of any opportunity to build support.”</p><p>Building coalitions outside of public view is exactly what the law is intended to prevent, Mogensen said. “We have a constitutional right as citizens to observe our government in action,” she said. “Not that coalitions be built in back rooms and meetings outside of City Hall.”</p><p>What makes the private meeting between city officials and a business group worse, Mogensen said, is that it concerned one of the biggest issues driving debate in the city: homelessness. </p><p>Sunshine Law violations and complaints are nothing new to this City Commission. Most recently, on Oct. 7, commissioners were informed that the Development Review Committee was asked to stop holding private “pre-meetings” before regularly scheduled public meetings. And this year, a plan for the State Street Garage was sunk by concerns that it had conducted the bidding process out of public view. </p><p>“The thing that's frustrating is that this community should be well aware of what the government's responsibilities are with respect to taxpayers,” Mogensen said.</p><p>That frustration prompted Friday's suit to take a more aggressive approach than other recent cases, seeking to hold the commissioners personally responsible for any attorney's fees and costs that could come from a judgment against them.</p><p>Citizens for Sunshine does not want taxpayers to bear the burden any more for Sunshine Law judgements against the city, Mogensen said, because it's unfair. “And because this apparently is not enough to change the behavior.”</p><p>City Attorney Robert Fournier could not be reached for comment Friday, but he has added the issue to Monday's City Commission meeting agenda for discussion with the commissioners.</p>